Conduct Detrimental: THE Sports Law Podcast

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Dan Snyder and The Legal Weeds with ESPN's Don Van Natta, Jr. Mar 02, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. The Dans are joined by ESPN's Don Van Natta, Jr. (@DVNJr) to break down the latest on the Dan Snyder investigations.

Don recently wrote an article on ESPN that was a great investigative report into the financial misconduct investigations by federal prosecutors in Virginia. A new area of focus is that Dan Snyder allegedly took out a secret $55 million loan from Bank of America without the minority owners’ knowledge or approval. Don writes that this loan was taken out 16 months before Snyder bought out the three other minority stakeholders shares in the Washington Commanders. Such a loan would have required approval and sign-off from the three minority shareholders. During the confidential arbitration, the three minority owners began asking questions related to the teams' finances and books and legitimacy of the loan. However, when the three owners pushed the arbitrator for the source and legality of the loan the NFL shut down the arbitration, and shifted to mediation where the three owners then agreed to sell their shares. Further, documents show that for the loan to be approved the six-person board of the Commanders needed to approve the loan (three of which were the minority owners) and Bank of America never received that approval, however NFL Commissioner Roger Goodell's signature is on the approval by the league for the Commanders to take on the loan. The three minority owners, who are billionaires as well, all claimed that Snyder was using the Commanders organization as his own personal piggy-bank, even citing a $4.5 million payment for the teams' logo to be placed on his private plane. A potential conflict could arise from this investigation into the $55 million loan, provided by Bank of America, because Bank of America is leading the current sale of the Commanders organization. You can read Don's full article on ESPN here.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producers: Mike Lawson (@mike_sonof_law) | Holly Summers (@ProsecutieRests)

Miami & The NIL Enforcement Era, LIV Contracts & PGA Motion Practice, McAfee's Pro Bono Defense Feb 28, 2023

Show notes

Welcome back to THE Sports Law Podcast! We cover all recent stories at the intersection of sports and law. Today, host Dan Lust (@SportsLawLust) is joined by Tarun Sharma (@tksharmalaw) and John Nucci (@JNucci23) to break down the latest stories in sports law.

The NCAA handed down its first NIL related violation against the University of Miami. (2:48) The violation pertained to the Cavinder twins who currently play for Miami's women's basketball team. The NCAA charged a prominent Miami booster John Ruiz with having an impermissible dinner with the twins during their transfer recruitment. This marks the first time that the NCAA has handed down such a violation and could show the path that new President Charlie Baker will take to enforce NCAA NIL guidelines.

The guys give their pick of where the next NIL crackdown will occur. (16:04) The odds were set at -300 for the SEC, +125 for the ACC, +250 for the BIG10, and +450 for the rest of the field. John ended up picking the ACC citing other prominent boosters surrounding Syracuse. Dan laid his money down on the SEC citing the heavy hitters such as Georgia and Alabama. He also talks about the Jimbo Fisher and Nick Saban drama. Tarun placed his bet on the BIG10 citing value and highlighting the bigger schools like Michigan, Ohio State, and Michigan State.

Details have leaked about contract provisions present in the contracts of current LIV golfers. (22:17) These provisions, as detailed by John, seem to show the restrictive nature of the contracts that could have an affect on their current lawsuit with the PGA. These provisions also seem, in some ways, to contradict the statements from golfers who made the jump about the reasons why LIV would allow them more freedom.

Dan and Tarun provide a little educational segment using the recent defamation lawsuit filed against Pat McAfee. (34:50) This includes what to do when you receive a complaint as well as the different ways a case can go following the initial filing. Dan also talks about the possibility that this case could move to federal court due to the residence of the parties involved.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producer: Justin Mader (@MaderLaw)

George "Iceman" Gervin v. Ralph Lauren, $43.5M NFL MedMal Award, and Mike Clevinger Allegations Feb 24, 2023

Show notes

Welcome back to THE Sports Law Podcast! We cover all recent stories at the intersection of sports and law. Jason (@Jason_Morrin) and Evan (@Evan_Mattel21) break down the latest.

George Gervin filed a lawsuit against Ralph Lauren for trademark infringement, false endorsement, and utilizing his name, image, and likeness without his permission. (2:25) Ralph Lauren released a shoe called the "Gervin Mid" which resembled the Nike shoes that Gervin wore, called the Nike Blazer, when he played in the NBA and was sponsored by Nike. Gervin's attorneys sent cease and desist letters to Ralph Lauren and alleged that Ralph Lauren claimed that they used the name "Gervin" because it sounded good and that they were unaware that Gervin was a well-known NBA player. Gervin is claiming $2 million in damages.

Former Philadelphia Eagles captain Chris Maragos recently won $43.5 million in his medical malpractice lawsuit against his orthopedic doctors. (6:50) Maragos suffered a torn meniscus and needed surgery which was conducted by James Bradley with Rothman Orthopaedics. Following the surgery, Maragos claimed that he was rehabilitated on an accelerated plan, despite an MRI still showing a slight tear. The injury ultimately resulted as career-ending for Maragos. These were doctors separate from the NFL and Eagles' organization, but this case proves to be a cautionary precedent for professional athletes' medical care, treatment, and rehabilitation.

Mike Clevinger, who signed with the White Sox, has been accused of domestic violence and child abuse by his ex-partner Olivia Finestead. (13:03) She and Clevinger have a 10-month old daughter together. She posted claims on her Instagram account that Clevinger allegedly threw an iPad at her while she was pregnant, slapped and strangled her, and allegedly threw used chewing tobacco at their daughter. She also went on to allege that Clevinger was a drug addict. Finestead went on a radio show in Chicago to speak out against Clevinger defending himself during Spring Training. Clevinger threatened legal action against the radio station 670 The Score for bringing Finestead on the show.

Jason and Evan also dive into their highly touted NHL trade deadline predictions. (19:00)

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producer: Mike Lawson (@mike_sonof_law)

Alabama, Brandon Miller, and the College Basketball Murder Investigation Feb 23, 2023

Show notes

Welcome back to THE Sports Law Podcast! We cover all of the latest news at the intersection of sports and law. Tarun (@tksharmalaw) and Steph (@SWeissenburger_) are joined by our resident District Attorney Matt Tympanick (@TympanickLaw). Matt joins to break down the recent updates in the investigation of Alabama Basketball player Darius Miles in the murder of Jamea Jonae Harris. This week was the preliminary hearing to determine whether the case should move to a grand jury. The Judge allowed the case to proceed to a Grand Jury and denied motions for bail. In that hearing, a Tuscaloosa detective testified that Brandon Miller (a top prospect for the NBA draft) allegedly provided the handgun to his teammate Darius Miles, which was used to murder Harris. Also alleged that Miles texted Miller to bring the gun to him. Miles admitted to providing the gun to Michael Davis who shot Harris. Further, Alabama coach Nate Oats stated that their program had been aware of Miller's alleged connection to the case. Matt gives insight into the low bar of probable cause to move to a grand jury, Brandon Miller's potential criminal exposure, analysis on the case moving forward, the likely argument of self-defense, stand your ground, the element of intent, and the death penalty.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producer: Mike Lawson (@mike_sonof_law)

Johnson V. NCAA with Amanda Christovich from Front Office Sports Feb 21, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to speed with everything at the intersection of sports and law. Tarun and Mike are joined on this episode by Amanda Christovich (@achristovichh) from Front Office Sports.

Amanda joins to discuss a major case that is pending in the Third Circuit being Johnson v NCAA. (2:54) Amanda discusses her first-person reaction to the interlocutory appeal that was argued last week in the Third Circuit with the main issue to be decided is if student-athletes are eligible to become employees. Amanda breaks down the arguments being made by the attorneys for the student-athletes and the key issues of "expectation of payment" and "control" that the NCAA and the individual schools have over the athletes. Amanda also discusses the bench making jokes at the expense of the NCAA's arguments where they state the NCAA model will be severely impacted by paying student-athletes. Amanda wrote an article for Front Office Sports which you can find here.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Tarun Sharma (@tksharmalaw) | Mike Lawson (@mike_sonof_law) | Holly Summers (@ProsecutieRests)

McAfee, Sharpe, & Mississippi: The Brett Favre Defamation Trilogy Feb 15, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! In this episode, The Dans reunite to take the reins to discuss the Brett Favre defamation lawsuits.

The lawsuit centers around three different plaintiffs, Pat McAfee, Shannon Sharpe, and Shad White. While the first two names are fairly recognizable, White has been brought into this case for his role as a Mississippi auditor. Favre claims that these parties defamed his name through statements they made related to the alleged theft of public funds that Favre has been connected to in the state of Mississippi.

Favre is currently facing a welfare fraud lawsuit brought by the Mississippi Department of Human Services. The Department connected Favre to alleged misappropriation of funds. (10:12) This included public appearances, speeches, and autograph sessions. The allegations also included that Favre attempted to use some of the public funds to build a volleyball facility for the University of Southern Mississippi, his alma mater.

Dan Lust breaks down the legal basis by outlining the legal definition of General Defamation. (20:20) Brett Favre, in this case, will be held to the higher standard of a public figure. Because of this status, he will have to prove actual malice in the statements made by the three parties being sued.

The Dans make sure to differentiate each claim and note the important differences between the claims that could lead to different outcomes for each defendant. (54:52) They also point out the way that Favre bringing these claims could cause a further investigation into whether or not these allegations are true.

Dan Wallach breaks down the doctrine of a liable proof plaintiff and how he believes that this will not be applicable to this case. (59:02) Citing a Mississippi case he notes that this doctrine cannot be used pretrial, meaning this doctrine would have to come in once the case reaches a jury.

The Dans also break down Anti-SLAPP statutes. (1:01:32) These statutes are in place to allow someone who believes they are facing a frivolous lawsuit to counter claiming that this suit was brought to wrongly suppress free speech. If successful, the damages can cover lawyers fees and other damages amounting to quite a lot.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw)

NIL Fireside Chat: Jaden Rashada Article, Collective Confusion, Syracuse, & The Impending NCAA Hammer with On3's Pete Nakos Feb 10, 2023

Show notes

Welcome back to THE Sports Law Podcast where we keep you up to date on everything at the intersection of sports and the law. Dan Lust is joined by Tarun and Mike, along with guest Pete Nakos (@Pete_Nakos96) from On3 NIL. We dive into the crazy world of college sports.

Jaden Rashada signed a massive NIL deal worth $13.85 million over four years with the Gator Collective, but now it has been terminated. (2:30) Rashada was originally verbally committed to Miami, with rumors of an NIL deal worth $9.5 million. However, he switched his decision and signed his letter of intent with the Florida and a day later having the Gator Collective NIL deal signed. Due to a clause within the contract, the Gator Collective terminated that NIL agreement. Rashada once again changed his decision and will now be playing at Arizona State. We dive into the contract and what went wrong with the deal.

Florida is modifying their NIL bill. (23:10) Pete dives into the details of the changes that are being made to the Florida NIL bill. The new bills would repeal the previous NIL bill and allow schools to be more involved to assist in NIL deals. Legislators are citing that the current bill puts Florida schools at a disadvantage because they currently cannot.

The world of college NIL collectives and boosters have been a dynamic one, but the new NCAA investigations could be hammering some punishment. (25:05) Some big names in this space are John Ruiz who is a booster for Miami and Adam Weitsman who is a booster for Syracuse. The problem the collectives and boosters are facing is the fine line between NIL deals and inducements. Syracuse Men's Basketball coach Jim Boeheim has made some recent comments regarding the NIL world and "buying teams" as well as the pressure on Adam Weitsman to land recruits. Boeheim apologized and walked back those comments regarding Pittsburgh and Wake Forrest "buying teams." The NCAA is looking to crack down on the inducements surrounding these booster and collective NIL deals. The NCAA reported investigations into 12 schools.

The latest case against the NCAA for more student-athlete rights is Johnson v. NCAA. (42:22) Johnson in the 3rd Circuit where student-athletes are seeking employee status under the Fair Labor Standards Act. This is the third case in the federal circuits seeking employee status. Berger v. NCAA in the 7th Circuit and Dawson v. NCAA in the 9th Circuit both resulted in student-athletes not being determined employees. Johnson could create a circuit split by deeming them employees, thus making this a ripe case for the Supreme Court.

Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (55:08) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) & Dan Lust (@SportsLawLust) | Producer: Mike Lawson (@mike_sonof_law)

Support this podcast: https://anchor.fm/condetrimental/support

Howie Roseman's JD Path, Eagles OL Indicted, Joe Mixon Menacing, Brian Flores to MIN, & Mat Ishbia 29-0-1 Feb 08, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! Dan Lust is joined by our resident DA, Matt Tympanick (@TympanickLaw).

Howie Roseman is the Executive Vice President and General Manager of the Philadelphia Eagles, but how he got there is an inspirational story for all those that aspire to work in sports law. (2:03) Roseman was determined to land a job in the NFL, writing over 1000 letters to NFL teams. Until Roseman heard the advice that launched his career, "go to law school." Following his time at Fordham Law school he started with the Philadelphia Eagles, and it ten years’ time he took over as General Manager.

Sticking with the Eagles, Josh Sills was a rookie offensive lineman for the team and was recently indicted on rape and kidnapping charges. (7:36) Sills has been placed on the Commissioner’s Exempt List pending the criminal proceedings. Matt dives into the facts about these charges and the strength of the prosecution, as well as what Sills' future punishment could be. Mandatory under Ohio law, if Sills is convicted he will face jail time. Dan questions the line that is draw for placing players on the exempt list, comparing Watson, Kamara, and Sills.

Joe Mixon was charged with aggravating menacing for allegedly pointing a gun at a woman. (15:35) However, the prosecution dropped those charges with the report of continued gathering of evidence and they could potentially refile the charges against Mixon. Matt discusses the possibility that the victim stated she wanted to drop the charges and/or was not being cooperative. Dan questions why the charges were dropped so quickly.

Brian Flores has been hired as the Minnesota Vikings defensive coordinator. (21:53) Flores still has his class action lawsuit against the NFL and a number of teams for racial discrimination pending. Another member of that lawsuit, Steve Wilks, has also recently been hired as defensive coordinator by the San Francisco 49ers.

The NBA owners have approved Mat Ishbia's purchase of the Phoenix Suns. (30:30) The vote was 29-0 in favor of Ishbia, and the sole vote that was not counted was the Cleveland Cavaliers owner Dan Gilbert who abstained from voting. Gilbert and Ishbia have a rivalry that takes place off of the court, where Gilbert is the CEO of Rocket Mortgage and Ishbia is the CEO of United Wholesale Mortgage. This rivalry heated up back in 2020 when United Wholesale Mortgage was running advertisements that took some shots at Rocket Mortgage, and Ishbia has made comments recently about United being superior to Rocket. There is one beneficiary of this rivalry, Michigan State, which is the alma mater of both Gilbert and Ishbia, who have both donated large sums of money to the school in an effort to one-up each other.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

--- Support this podcast: https://anchor.fm/condetrimental/support

James Dolan Facial Recognition, New York State Online Sports Betting Tax, Final 3 Land-Based NY Casinos, Georgia Sports Betting Legislation Feb 04, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! In this episode, Daniel Wallach (@WALLACHLEGAL) is joined by guests, John Brennan (@BergenBrennan) and Zachary Bryson (@ZacharySBryson), who together take the reins to discuss breaking issues in the world of Sports Law, and the ever changing landscape of legal sports betting.

James Dolan continues to be in the news, recently catching headlines for his use of Artificial Intelligence and facial recognition software to keep specific attorneys from being able to access Madison Square Garden. (3:02) These antics are continuing to pose more issues for Dolan, with his actions ironically resulting in more lawsuits and legal issues for the Garden.

Just over one year ago, the State of New York began to allow mobile sports betting in the state, and operators have been in attendance at open hearings pleading for the state to lower their 51% tax rate levied against them. (15:26). While still early in the process, there are serious questions as what the legislature will decide, and what impact it will have on New York going forward. While online sports betting becomes more successful, questions around internet gambling are also called into question.

New York State has set the wheels in motion to begin searching for the operators who will be awarded the state's last 3 land-based casino licenses. (34:42) Questions around the potential locations of these coveted licenses are numerous, and developments will be eagerly anticipated.

This week in the Georgia General Assembly, a bill was introduced to legalize online sports betting in the state of Georgia. (46:02) This development comes after numerous failed attempts in the past, but may represent a shift in approach for other states poised to pass sports betting legislation. The bill has many hurdles, including the potentiality of a challenge being brought under the Georgia state constitution.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw)

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Support this podcast: https://anchor.fm/condetrimental/support

Jaren Jackson Reddit Controversy, NBA Referee Incident, NCAA NIL Enforcement Update, Stetson Bennett Arrest, & Mike Scott Career Interview Feb 01, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! In this episode, Tarun Sharma and Evan Mattel take the reins to discuss breaking issues in the world of Sports Law. Special guests include Francis Carlota (@SluggaSports) and Mike Scott.

Jaren Jackson Jr.’s name has been in the Twitter news recently due to a stat disparity between home games and away games. (2:35) Jackson has many more rebounds and steals at home as compared to away games. While the stats differ considerably, it seems that the explanation is more that the team struggles on the road leading to the stat difference.

The official Twitter account for the NBA referees released a statement regarding the outcry following a missed foul on Lebron James that ultimately led to a Laker’s loss in overtime. (10:42) Concerns have been raised that officiating woes are starting to cause people to complain about their sports bets being sabotaged.

This week, Vice President of Enforcement Jon Duncan, stated that the NCAA will be able to use circumstantial evidence to presume an NIL violation. (19:29) The burden of proof has shifted to the school to prove that they did not violate the NCAA’s NIL policies.

This week Stetson Bennett was arrested following a call of someone loudly banging on doors. (29:20) Officers found Bennett intoxicated and arrested him. It is uncertain whether or not this arrest will affect his NFL draft stock.

News has dropped that Sinclair Broadcasting is on the brink of bankruptcy. (33:39) Sinclair controls the Bally networks which provide local broadcasting for multiple sports teams.

Evan is joined by Mike Scott, Associate General Counsel for the Washington Nationals to discuss his journey into sports law. (40:49)

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw)

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